'Enforced disappearance - crimes against humanity' in document 'Montenegro - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Crimes against humanity

Article 427
Anyone who by breaching the rules of international law, within the limits of a wider or systematic attack against civilian population, orders any of the following : murders ; placing the population or its part under such living conditions as to bring about their complete or partial extermination ; enslavement ; forced displacement ; torture ; rape ; coercion to prostitution ; coercion to pregnancy or sterilization with a view to changing the ethnic composition of the population ; persecution or expulsion on political, religious, racial, national, ethnic, cultural, sexual or any other grounds ; detention or abduction of persons without disclosing information thereon so as to deprive them of legal assistance ; oppression of a racial group or establishment of domination of one such group over another ; or any other similar inhuman acts intended to cause serious suffering or seriously harm health ; or who commits any of the said offences shall be punished by a prison term not shorter than five years or by a forty year prison term.

RELEVANT ROME STATUTE PROVISIONS

Article 7
Crimes against humanity
1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(i) Enforced disappearance of persons

2. For the purpose of paragraph 1:
(i) ‘Enforced disappearance of persons’ means the arrest, detention or
abduction of persons by, or with the authorization, support or
acquiescence of, a State or a political organization, followed by a refusal to
acknowledge that deprivation of freedom or to give information on the
fate or whereabouts of those persons, with the intention of removing them
from the protection of the law for a prolonged period of time.